a general description of any bonuses, commissions, or other forms of compensation offered for the job and.the hourly rate, salary compensation, or range of hourly or salary compensation the employer is offering for the position.Compensation posting requirementsįor all postings for job openings that could be performed by a Colorado candidate or employee (including promotions), the Equal Pay Act requires employers to include: Employers also cannot prohibit employees from disclosing, comparing or otherwise discussing their wage rate. Employers cannot rely on an applicant’s salary history to determine his or her current wage. The Equal Pay Act also prohibits employers from seeking salary history from prospective employees or retaliating against a prospective employee who fails to disclose his or her salary history. Employers cannot rely on prior salary history to justify a disparity in pay. Wage differentials may be justified based on (a) a seniority system (b) a merit system (c) a system that measures earnings by quantity or quality of production (d) the geographic location where the work is performed (e) education, training, or experience reasonably related to the work in question or (f) travel, if the travel is a regular and necessary condition of the work performed. The Equal Pay Act prohibits employers from discriminating on the basis of sex (or sex in combination with another protected status) by paying employees of different sexes different amounts for substantially similar work, regardless of job title, based on a composite of skill, effort (which may include consideration of shift work) and responsibility. On November 10, 2020, Colorado Department of Labor and Employment adopted the Equal Pay Transparency (EPT) Rules, which clarify employer obligations under the Equal Pay Act.Įffective January 1, 2021, any employer with at least one employee in Colorado must comply with the following: Wage discrimination prohibitions The Equal Pay Act protects against pay discrimination on the basis of sex (or sex in combination with another protected status), prohibits employers from seeking salary history, and requires employers to disclose certain compensation and promotion information. In 2019, Colorado enacted the Equal Pay for Equal Work Act to go into effect on January 1, 2021.
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